The representative may file a fee petition unless:
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•
the representative was previously authorized to receive a fee for services on that
claim, matter, or issue based on an approved fee agreement, and we did not subsequently
reverse or disapprove that fee agreement, or
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•
the representative submitted a contingency fee contract (i.e., agreed to charge and
collect a fee only if we favorably decided the claim, matter, or issue) and the decision
is unfavorable.
Although we will not return the fee petition in these situations, fee authorizers
must not authorize any fee in response to the fee petition.
A representative cannot submit multiple fee petitions for the same services on a single
case, even if additional past-due benefits become payable. Former representatives
may file fee petitions only when they did not waive their fees.
In limited circumstances, we will accept a fee petition from an individual other than
the representative. If a representative dies before filing the fee petition, and there
was no valid assignment, the executor or other legal representative of the estate
may file the fee petition. However, if a representative dies before filing a fee petition
but after assigning direct payment to an entity, only the entity’s point of contact
(POC) (and not the executor or other legal representative of the estate) may file
a fee petition for the services performed by the representative. For more information,
see GN 03930.020D.5. in this section. See GN 03920.021 for further information about the assignment of direct payment of authorized fees
to an entity, including the roles and responsibilities of POCs. In these situations,
the executor or other legal representative of the estate or the POC must follow the
same rules that apply to individual representatives filing fee petitions.
IMPORTANT: Except in the limited circumstances explained in this subsection, the representative
must file the fee petition personally and we will not authorize fees based on fee
petitions submitted by any other individual or entity on behalf of the representative,
including submitters with a power of attorney. We will return those fee petitions
to the representative(s), and we will inform the representative(s) that we will not
take any action until they submit a fee petition personally.